No, fuck that. Be mad at Valve for just assuming Nintendo would flip out, if Valve did literally nothing. Homebrew in general is not what Nintendo's bastard lawyers get after.
And anyone who's gonna chime in 'oh but they gotta' can save it. They do not. All of this is optional. We choose to do this, and we can just as easily choose something else. Anyone who thinks the status quo demands evil and actively enables that instead of calling for it to change is choosing to be an asshole. That includes performatively rolling your eyes when people point to a problem that keeps happening and say "this fucking sucks."